Ternes v. State Farm
Annotate this CaseGregory Ternes purchased a residential property from Keith and Sue Eberhard. The Eberhards were insured by State Farm when the house received water damage. Sue reported the damage, and State Form listed the claim on a website report. The Ternes purchased the home without being aware of the website report. The Ternes later attempted to sell the property to the Giardinos, who backed out of the deal. Afterwards, Ternes learned of the website report. Ternes filed a complaint with the state commissioner of insurance, alleging that State Farm put false information on the website, causing the sale of the residence to the Giardinos to fall through. The commissioner advised Ternes that State Farm had not submitted a false report as per State Farm's understanding at the time of the loss. Ternes then filed an action in the district court against State Farm and the Eberhards. The district court granted summary judgment in favor of defendants. On appeal, the Supreme Court affirmed, holding that the district court did not err in granting summary judgment for State Farm and the Eberhards because there were no genuine issues of material fact and both defendants were entitled to judgment as a matter of law.
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